International Law Commons^™

Should I Stay Or Should I Go: The Evolution Of Emergency Arbitration Procedure Within Private International Law, Katarina Resar Krasulova

Cardozo International & Comparative Law Review

The emergency arbitration procedure is widely and ever increasingly used by parties around the world. Because of that, the main question in the past decade has shifted from whether emergency arbitration will endure, to how it is that emergency proceedings became a fixture of international arbitration despite a body of academic literature that doubted its viability. Answering this question, this Article shows that the international arbitral rules have evolved in response to parties' demands and concerns, and this evolution contributed to the procedure's popularity. The Article then discusses how emergency arbitrators, legislators, and national courts devised solutions to problems relating …

Loss Causation By Statutory Presumption: Event Studies And The Korean Securities Litigation, Joon Buhm Lee

Cardozo International & Comparative Law Review

In the United States, event studies are ubiquitous in securities fraud litigations. This is not so, in South Korea (hereinafter referred to as "Korea"). Unlike the United States where event studies in a securities fraud class action may even be conducted twice to show both reliance and loss causation, they are far less frequently used in Korean securities litigations, even though the Supreme Court of Korea (the "SCK") explicitly allowed the use of an event study in a securities fraud context.

This Article aims to make two contributions. First, it shows that, even though the SCK allowed the use of …

Gender Registration And International Law: Are Gender Markers Necessary?, Mika D'Angelo

Cardozo International & Comparative Law Review

The note critically examines the necessity and implications of gender markers on identification documents under international law, arguing that current practices disproportionately burden transgender and gender-diverse individuals. It contends that the registration of gender often fails to align with international human rights standards, perpetuating discrimination and administrative violence. The analysis advocates for a reevaluation of gender registration to ensure it respects self-determination and privacy rights while addressing practical concerns.

Lipstick & The Law: An Exploration Of The American And French Statutory Protections Against Makeup Mandates In The Workplace, Kira Dennis

Cardozo International & Comparative Law Review

The note argues that the U.S. legal system, particularly Title VII, fails to adequately protect employees from discrimination based on physical appearance, such as grooming policies. It advocates for adopting a framework similar to France's DDD, which offers more comprehensive protections, to address these gaps and promote gender equality.

Tracing Heritage: Addressing Cultural Property Crime Through Recordation On The Blockchain, Richard De Schweinitz

Cardozo International & Comparative Law Review

No abstract provided.

An Examination Of U.S. And U.K. Procedures Governing Sexual Misconduct Investigations In Universities, Marc Siegel

Cardozo International & Comparative Law Review

The note critiques the lack of a unified regulatory framework for addressing sexual misconduct in U.K. universities, contrasting it with the structured, albeit controversial, Title IX system in the U.S. It argues that the U.K.'s voluntary approach has led to inconsistent, unjust outcomes and advocates for the adoption of a comprehensive regulatory regime similar to Title IX to ensure fairness, accountability, and consistency in handling such cases.

Integrating Cultural Property Law Doctrine Into The Nazi-Looted Art Restitution Legal Framework, Julia Vastano

Cardozo International & Comparative Law Review

The note examines the integration of cultural property law principles into the legal frameworks for restitution of Nazi-looted art, focusing on a comparative analysis of Dutch and U.S. policies. It highlights the Netherlands' progressive shift in 2021 toward a more claimant-friendly approach, incorporating cultural property doctrine, and contrasts this with the U.S. system, which remains rooted in personal property law. The note advocates for adopting a similar mixed framework in the U.S. to enhance justice for Holocaust victims' heirs.

The Hague Convention On International Parental Kidnapping: Still The Best Hope For Children?, Katherine Jenkins

Cardozo International & Comparative Law Review

The Hague Convention on the Civil Aspects of International Child Abduction remains the most effective legal mechanism for resolving international parental kidnapping cases, but it requires significant reforms, particularly to address issues related to domestic violence and its impact on victims and children. While the Convention has facilitated the return of thousands of children, its failure to adequately acknowledge and protect domestic violence survivors has led to unintended consequences, undermining its effectiveness and deterring some countries from joining.

Health Of Nations: Preventing A Post-Pandemic Emerging Markets Debt Crisis, Lev E. Breydo

Faculty Publications

Sixty percent of low-income countries are currently at “high-risk” of insolvency, necessitating debt relief, according to the International Monetary Fund. The enormity of the problem cannot be overstated; a prospective sovereign debt crisis and economic collapse threatens hundreds of millions of people around the world.

At the same time, the tools to address these challenges are wholly inadequate. Typically, debt reduction is effectuated through statutory systems; sovereign debt is a critical exception, as there is no bankruptcy court for countries. Historically, this void was filled through a complex architecture based on custom, ‘soft law,’ and contractual mechanisms. However, that construct …

Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan

Independent Study Project (ISP) Collection

This paper seeks to analyze the intersection between the EU’s increasingly securitized and externalized policies towards migration, and instances of the weaponization of migration on the EU’s external borders. Although scholars have analyzed cases in which states harness migrants as political weapons, depoliticized most depictions apply a moralistic lens that frames these cases as aberrant, decontextualized, and political events. This paper will complicate understandings of the weaponization of migration by analyzing how EU policies of externalization and securitization systematically shape the environment in which it becomes politically advantageous for leaders, such as Recep Tayyip Erdoğan and Alexander Lukashenko, to resort …

Clean Air For All? An Analysis Of Eu Air Pollution Legislation And Health Inequality, Bonnie Nolan

The International Law Review Association Student Forum

Communities around the world face health risks due to air pollution. These health risks can include asthma, cognitive impairment, and even death. But these negative health effects are not equally spread among communities. Studies have established that air pollution affects socially disadvantaged areas more. The correlation between socioeconomic levels and increased risk of environmental harm is referred to as environmental inequality. The World Health Organization has found that environmental health inequality occurs in every European Union (EU) member country. The EU has implemented multiple pieces of legislation to reduce air pollution, including Directive 2008/50/EC, which sets specific air quality that …

The Creating Helpful Incentives To Produce Semiconductors (Chips) And Science Act: What It Means For The Unite D States Economy And Its Foreign Relations, Wesley Davis

The International Law Review Association Student Forum

The Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act represents a growing domestic and international policy interest in the production/manufacture and procurement of semiconductors. While the United States has historically led the world in advanced semiconductor development, an astounding majority of advanced semiconductors used in artificial intelligence and supercomputers are now produced abroad, namely Taiwan. As COVID-19 crippled global supply chains and tensions between the People’s Republic of China and the United States have grown, the Biden Administration passed the CHIPS Act to incentivize foreign and domestic semiconductor producers to build factories stateside. While the promise of multimillion …

Nfts: How Nonfungible Tokens Fit Into Preexisting Regulatory Policies Globally Analysis Of The Legal Implications, Mary Katherine Nix

The International Law Review Association Student Forum

Nonfungible tokens (NFTs) represent the latest and perhaps most controversial form of cryptocurrency. Due to their unique nature and ability to implicate multiple legal rights, it is unclear how NFTs should or can be regulated. The lack of regulatory guidance globally has caused some investors to avoid them at all costs and issuers, advisers, and purchasers of NFTS at risk of litigation. But creating a new regulatory framework for this new form of crypto could take years. As such, countries should mold NFTs into existing cryptocurrency framework.

Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum

Articles

In his insightful new book, Invisible Atrocities, Randle DeFalco examines the aesthetic biases of international criminal law (ICL). DeFalco astutely argues that ICL prioritizes punishing "horrific spectacles" of violence while ignoring less visible, attritive forms of violence that cause similar levels of harm and suffering, generally over longer periods of time. While ICL is selective in its preference for "horrific spectacles," even the spectacular violence has been rendered invisible in ICL when inconvenient factual evidence counters dominant narratives in international law.

One such dominant narrative is the successful abolition of slavery and the slave trade of the nineteenth and twentieth …

A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric …

Three Megatrends In The International Intellectual Property Regime, Peter K. Yu

Faculty Scholarship

Since the establishment of the Paris and Berne Conventions, the international intellectual property regime has encountered two world wars, struggled with several global pandemics, welcomed dozens of newly independent nations and interacted with a wide variety of technologies and innovative practices. Although this regime progressed only slowly for the larger part of its first century, it saw major transformation in the past four decades, including the adoption of the WTO TRIPS Agreement.

Written in commemoration of the centennial of the American Branch of the International Law Association, this article identifies three megatrends to illuminate the magnitude and ramifications of such …

Integrating Doctrine & Diversity Speaker Series: The Rule Of Law In Crisis: Talking About Core Legal Values, Human Rights, And Current Events In Us Law School Classes 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Integrating Doctrine & Diversity Speaker Series: The Rule Of Law In Crisis March 28, 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Queer Liberation Under International Law, Cardozo Journal Of Equal Rights And Social Justice, Cardozo International & Comparative Law Review, Cardozo Outlaw

2023 Event Invitations

This symposium will equip attendees with an understanding of how global movements, including activists, lawyers, scholars and organizations, navigate and employ international law in pursuit of queer liberation.

Adopting an intersectional feminist framework, this symposium is an acclamation for queer justice everywhere. Introduced by Dean Melanie Leslie, this symposium will explore how international law may subjugate or protect queer populations, how domestic efforts interact with international law and how constitutional laws and international law must evolve for exhaustive social justice.